Transit Windsor driver awarded $5,000 after being choked

Windsor Transit driver David Gauvin was awarded $5,000 Thursday from the Criminal Injuries Compensation board for pain and suffering endured when a passenger choked him while he drove the Dougall 6 bus in 2009.

Gauvin, who said he had suffered a major heart attack at 35, said that during the choking incident his heart was pounding so fast that he feared he’d have another coronary.

“I thought I was going to die,” he said. “I didn’t know if my ticker was going to hold up.”

Nicholas Baker, 26, was already agitated when he and his girlfriend got on Gauvin’s bus on Aug. 18, 2009. The couple had just tried to regain custody of their infant and were rejected, Gauvin said of circumstances he found out months later in court.

Baker complained about the bumpiness of the ride after Gauvin drove over railroad tracks. After he went over a second set of railroad tracks, Baker attacked.

“He got his two hands around my throat trying to snap my neck while I’m driving on a busy road,” Gauvin said. “I was fortunate that the bus stop lever was on the wheel. I was losing control of the bus.”

The bus had already crossed the centre line of the road when Gauvin was able to stop it. The two men struggled violently as Gauvin tried to get out of a choke hold. They fell onto the floor and were a tangle of limbs before Baker ceased the assault. Baker later pleaded guilty to assault and served less than a year in jail.

Gauvin, 54, suffered a broken left wrist, a ripped tendon in his left arm and tears in his right wrist. He returned to work in December 2009. Today his physical injuries have healed but he struggles emotionally, especially if there is a confrontation with a passenger.

Two years after the attack, Gauvin said he was diagnosed with post-traumatic stress by a therapist after having a breakdown at work. Gauvin said his injured wrists prevented him for doing physical sports, which he used to reduce his stress. The anxiety and emotional pain built up to a boiling point one day.

After Baker was released from jail, Windsor Transit management asked if Gauvin wanted Baker to be banned from taking the bus. Gauvin said he only wanted him restricted from taking his bus.

Then came the day 18 months ago when Baker got on Gauvin’s bus, talking about how he’d assaulted a Windsor Transit driver, Gauvin recounted. Gauvin didn’t recognize Baker because he’d changed his appearance. Gauvin said he stopped the bus and asked Baker to get off. Baker told him that he was back on his medications but complied with the order.

Gauvin has physically healed from the assault but still struggles emotionally. He’s on guard all the time.

“I planned to retire in three years but I may go at the end of the year,” he said. “Driving is too much.”

He won’t be as financially secure if he leaves early and will have to sell his house to pay his bills.

“If I want a few years left to enjoy, I’ll probably leave at the end of this year,” he said.

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